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Sway them with stories
Phillip H. Miller
By telling tales out of school-or out of the courtroom-you
can learn to create compelling stories that will capture jurors'
attention. Practice in a nonlegal setting to hone the structure,
character depiction, and point of view that make storytelling
an effective trial tool.
On paper v. in person
Joshua Karton
The trial lawyer must make jurors hear, feel, believe, and
act on what they have heard. After you've written the script
in your office, change roles for the courtroom: Become the actor
and director to bring your case to life.
Starting strong
Jim M. Perdue
An opening statement can make or break a case. By choosing
language carefully and incorporating legal concepts in a powerful
narrative, trial lawyers can present a picture and a moral that
jurors will remember.
Take technology to trial
Brian J. Panish and Christine D. Spagnoli
No matter how compelling your client's case is, without visual
aids it may fall flat. Help jurors follow and remember your
facts and theories by using video, computer animations, and
other computer-generated exhibits.
Power of the pen
John M. Greaney
Appellate briefs needn't be steeped in legal mumbo jumbo to
be effective. A brief that presents a clear, concise, and accurate
argument is far more persuasive than one that scrimps on references
to relevant legal authority; burdens the text with footnotes;
or lacks a consistent, readable style.
Power at the podium
Jean M. Prendergast
Arguing before an appeals court can make even the most seasoned
lawyers quail. Quell your fears by following the author's practical
suggestions. If you know your audience and your case, distill
your presentation, and match your style to the venue, you will
present your client's claim with confidence.
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Features
'All they want to do is help'
Interview with Leo Boyle and David Gordenstein
David Gordenstein lost his wife on September 11, but ATLA President
Leo Boyle and the Trial Lawyers Care program are helping him
get on with his life. The client and his lawyer share their
perspectives on the largest pro bono effort ever.
Pursuing punitive damages in job
bias cases
Richard T. Seymour
The chances of winning punitive damages for wronged workers
and preserving the award on appeal have improved since the original
Civil Rights Act. The author discusses asserting vicarious liability,
choosing defendants, facing defenses, and upholding punitives
in the face of potential constitutional limits.
Evidence-based
medicine in court
J. Douglas Peters
Doctors who make treatment decisions based on current research
findings are practicing "evidence-based medicine." Courts are
relying more heavily on this potentially biased "science" at
the expense of experts' opinion testimony.
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News & Trends
Nursing home resident abuse underreported
and unpunished
Seniority trumps ADA, Supreme Court rules
Florida requires disclosure of insured
clients' rights
State court rejects Propulsid class;
plaintiff lawyers unbowed
Interstate stalking ban survives constitutional
challenge in Sixth Circuit
New Jersey high court rules that obese
employee is handicapped
Second Circuit sets standard for involuntary
medication of criminal defendants
FMLA allows time off for employee to
care for depressed parent
Child's-rights issue improperly decided
in visitation case
Departments
Trial Lawyers Care
A progress report from TLC's president
President's page
Changing of the guard
Washington focus
Congress tackles mandatory arbitration
Supreme Court review
Protecting children—and free speech
Quotes
Books
Lazy B
by Sandra Day O'Connor
and H. Alan Day
Habeas Codfish: Reflections on Food
and the Law
by Barry M. Levenson
Wrongful Death
by Baine Kerr
Classifieds
Classifieds
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